Md. Taimur Rehman @ Md. Taimur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75885 of 2024 Arising Out of PS. Case No.-294 Year-2023 Thana- DAGARUA District- Purnia ====================================================== Md. Taimur Rehman @ Md. Taimur Son of Late Sabdar Ali Resident of village -Kachna Ward No 14 Police Station -Dagarwa District- Purnia ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Dagarwa P.S. Case No. 294 of 2023 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 385, 504, 506, 379/34 of the Indian Penal Code.

3. As per prosecution case, all the accused persons including the petitioner armed with weapons demanded rupees one lakh rangdari from the Informant and, on denial, all of them abused and assaulted him and his family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to enmity and grudge. There is no direct or specific

Patna High Court CR. MISC. No.75885 of 2024(2) dt.25-10-2024 2/3 allegation of assault against the petitioner rather the petitioner is only the order giver and, thus, Section 307 Cr.P.C. is not made out against the petitioner. There is a case and counter case between the parties and there is land dispute between them. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application.

5. Learned counsel for the petitioner further submits that the co-accused Md. Sirajul Rahman @ Md. Sirajul Haque @ Sirajul Haque has been granted regular bail by this Court vide order dated 24.06.2024 passed in Cr. Misc. No. 35163 of 2024.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner and the petitioner having no criminal antecedent, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is

Patna High Court CR. MISC. No.75885 of 2024(2) dt.25-10-2024 3/3 pending/successor court in connection with Dagarwa P.S. Case No. 294 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) rishi/- U T